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To enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes.

IN THE SENATE OF THE UNITED STATES
llllllllll Mrs. MCCASKILL (for herself and Mr. WEBB) introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL
To enhance security, increase accountability, and improve the contracting of the Federal Government for overseas contingency operations, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE.

The table of contents for this Act is as follows:
Sec. 1. Short title. Sec. 2. Table of contents.

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2
Sec. 3. Definitions. TITLE I—ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR CONTRACTING FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Government-Wide Matters Sec. 101. Responsibilities of the President regarding financing of overseas contingency operations. Sec. 102. Responsibilities of the Director of the Office of Management and Budget regarding overseas contingency operations. Sec. 103. Responsibilities of inspectors general for overseas contingency operations. Sec. 104. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies. Subtitle B—Multi-Agency Matters Sec. 111. Inclusion of contracts for support of overseas contingency operations in management structure of Department of Defense, Department of State, and United States Agency for International Development for procurement of contract services. Sec. 112. Requirements and limitations for suspension and debarment officials of the Department of Defense, Department of State, and United States Agency for International Development. Sec. 113. Additional bases for suspension of contractors from contracting with the Federal Government. Subtitle C—Department of Defense Matters Sec. 121. Responsibility within Department of Defense for contract support for overseas contingency operations. Sec. 122. Inclusion of contract support in certain Department of Defense planning requirements. Sec. 123. Inclusion of matters relating to contingency operations in joint professional military education. Subtitle D—Department of State and Related Agencies Matters Sec. 131. Reorganization of acquisition functions of Department of State and United States Agency for International Development. Sec. 132. Inclusion of contract support in certain Department of State planning activities. Sec. 133. Professional education for Department of State personnel on acquisition for Department of State support and participation in Department of Defense overseas contingency operations. TITLE II—TRANSPARENCY, SUSTAINABILITY, AND ACCOUNTABILITY IN CONTRACTS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Limitations in Contracting Sec. 201. Limitations applicable to certain contracts in connection with overseas contingency operations.

gress’’ means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, and the

Council’’ means the Federal Acquisition Regulatory Council under section 1302(a) of title 41, United States Code. (3) OVERSEAS
CONTINGENCY OPERATION.—The

term ‘‘overseas contingency operation’’ means a military operation outside the United States and its territories and possessions that is— (A) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or (B) a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.

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5 1 2 3 4 5 6 7 8 9 10 11

TITLE I—ORGANIZATION AND MANAGEMENT OF FEDERAL GOVERNMENT FOR CONTRACTING FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Government-Wide Matters
SEC. 101. RESPONSIBILITIES OF THE PRESIDENT REGARDING FINANCING OF OVERSEAS CONTINGENCY OPERATIONS.

The President shall ensure that any request to Con-

12 gress for funds for or relating to an overseas contingency 13 operation includes the following: 14 15 16 17 18 19 20 21 22 23 24 25 (1) A specific statement of the requested funds, broken out by— (A) amounts requested for each appropriations account covered by the request; and (B) amounts intended to be allocated to each program, project, and activity to be funded through the request. (2) A specific proposal for means of financing the amount requested, including an increase in specified revenues, a decrease in specified programs, projects, or activities, borrowing by the Federal Government, or other appropriate means.

Management and Budget shall be the principal official of the Federal Government with responsibility for advising the President on financial matters in connection with overseas contingency operations, including the costs and proposed means of financing of all programs, projects, and activities of the Federal Government in connection with such operations. (2) PARTICULAR
RESPONSIBILITIES.—The

re-

sponsibility of the Director under this subsection shall include the responsibilities as follows: (A) To advise and report to the President on estimates of costs in connection with overseas contingency operations, including direct and indirect costs, current and future costs, and anticipated contracting costs. (B) To identify and report to the President on means of financing the costs of the Federal Government in connection with overseas contingency operations, including an increase in speci-

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7 1 2 3 4 5 6 7 8 9 10 fied revenues, a decrease in specified programs, projects, or activities, borrowing by the Federal Government, or other appropriate means. (3) CONSULTATION.—The Director shall carry out the responsibility of the Director under this subsection in consultation with the Secretary of the Treasury, the Secretary of Defense, the Secretary of State, and other appropriate officials of the Federal Government. (b) ANNUAL REPORTS
TO

CONGRESS.—Not later

11 than 45 days after the end of each fiscal year in which 12 Federal funds are obligated for or in connection with an 13 overseas contingency operation, the Director of the Office 14 of Management and Budget shall submit to Congress a 15 report on the obligation and expenditure of Federal funds 16 for or in relation to the operation during such fiscal year 17 and in the aggregate since the commencement or designa18 tion of the operation as a contingency operation. 19 20 21
SEC. 103. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS.

6 ignation of a military operation as an overseas contingency 7 operation that exceeds 30 days, the Chair of the Council 8 of Inspectors General on Integrity and Efficiency (CIGIE) 9 shall, in consultation with the members of the Council, 10 have the additional responsibilities specified in subsection 11 (c) with respect to the Inspectors General specified in sub12 section (b). 13 ‘‘(b) INSPECTORS GENERAL.—The Inspectors Gen-

14 eral specified in this subsection are the Inspectors General 15 as follows: 16 17 18 19 20 21 22 ‘‘(1) The Inspector General of the Department of Defense. ‘‘(2) The Inspector General of the Department of State. ‘‘(3) The Inspector General of the United States Agency for International Development. ‘‘(c) SPECIFIC RESPONSIBILITIES.—The responsibil-

23 ities specified in this subsection are the following: 24 25 ‘‘(1) In consultation with the Inspectors General specified in subsection (b), to designate a lead

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Inspector General in accordance with subsection (d) to discharge the authorities of lead Inspector General for the contingency operation concerned as set forth in that subsection. ‘‘(2) To resolve conflicts of jurisdiction among the Inspectors General specified in subsection (b) on investigations, inspections, and audits with respect to such contingency operation in accordance with subsection (d)(3)(B). ‘‘(3) To assist in identifying for the Lead Inspector General for Overseas Contingency Operations, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (b) on matters relating to such contingency operation. ‘‘(d) LEAD INSPECTOR GENERAL
FOR

OVERSEAS

18 CONTINGENCY OPERATION.—(1) A lead Inspector Gen19 eral for an overseas contingency operation shall be des20 ignated by the Chair of the Council of Inspectors General 21 on Integrity and Efficiency under subsection (c)(1) not 22 later than 15 days after the commencement or designation 23 of the military operation concerned as an overseas contin24 gency operation that exceeds 30 days.

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10 1 ‘‘(2) The lead Inspector General for a contingency op-

2 eration shall be designated from among the Inspectors 3 General specified in subsection (b). 4 ‘‘(3) The lead Inspector General for a contingency op-

5 eration shall have the following responsibilities: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(A) To appoint, from among the offices of the other Inspectors General specified in subsection (b), an Inspector General to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead Inspector General in the discharge of responsibilities under this subsection. ‘‘(B)(i) If none of the Inspectors General specified in subsection (b) has principal jurisdiction over a matter with respect to the contingency operation, to exercise responsibility for discharging oversight responsibilities in accordance with this Act with respect to such matter. ‘‘(ii) If more than one of the Inspectors General specified in subsection (b) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for discharging oversight responsibilities in accordance with this Act with respect to such matter.

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(C) To employ, or authorize the employment by the other Inspectors General specified in subsection (b), on a temporary basis using the authorities in section 3161 of title 5, United States Code, such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation. ‘‘(D) To submit to Congress on a bi-annual basis, and to make available on an Internet website available to the public, a report on the activities of the lead Inspector General and the Inspectors General specified in subsection (b) with respect to the contingency operation, including— ‘‘(i) the status and results of investigations, inspections, and audits and of referrals to the Department of Justice; and ‘‘(ii) overall plans for the review of the contingency operation by inspectors general, including plans for investigations, inspections, and audits. ‘‘(E) To submit to Congress on a quarterly basis, and to make available on an Internet website available to the public, a report on the contingency

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12 1 2 3 4 5 6 7 8 operation setting forth the information specified in paragraph (4). ‘‘(F) To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General specified in subsection (b) of duties relating to the contingency operation as the lead Inspector General shall specify. ‘‘(4) The information specified in this paragraph with

9 respect to a contingency operation is as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(A) Obligations and expenditures of appropriated funds. ‘‘(B) A project-by-project and program-by-program accounting of the costs incurred to date for the contingency operation, together with the estimate of the Department of Defense, the Department of State, and the United States Agency for International Development, as applicable, of the costs to complete each project and each program. ‘‘(C) Revenues attributable to or consisting of funds provided by foreign nations or international organizations to programs and projects for the contingency operation that are funded by any department or agency of the United States Government, and any obligations or expenditures of such revenues.

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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(D) Revenues attributable to or consisting of foreign assets seized or frozen that contribute to programs and projects for the contingency operation that are funded by any department or agency of the United States Government, and any obligations or expenditures of such revenues. ‘‘(E) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the contingency operation. ‘‘(F) In the case of any contract, grant, agreement, or other funding mechanism with respect to the contingency operation— ‘‘(i) the amount of the contract, grant, agreement, or other funding mechanism; ‘‘(ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; ‘‘(iii) a discussion of how the department or agency of the United States Government involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a list

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14 1 2 3 4 5 6 7 of the potential individuals or entities that were issued solicitations for the offers; and ‘‘(iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. ‘‘(5)(A) The lead Inspector General for a contingency

8 operation may employ, or authorize the employment by the 9 other Inspectors General specified in subsection (b) of, an10 nuitants covered by section 9902(g) of title 5, United 11 States Code, for purposes of assisting the lead Inspector 12 General in discharging responsibilities under this sub13 section with respect to the contingency operation. 14 ‘‘(B) The employment of annuitants under this para-

15 graph shall be subject to the provisions of section 9902(g) 16 of title 5, United States Code, as if the lead Inspector 17 General concerned was the Department of Defense. 18 ‘‘(C) The period of employment of an annuitant

19 under this paragraph may not exceed three years, except 20 that the period may be extended for up to an additional 21 two years in accordance with the regulations prescribed 22 pursuant to section 3161(b)(2) of title 5, United States 23 Code. 24 ‘‘(6) The lead Inspector General for a contingency op-

25 eration shall discharge the responsibilities for the contin-

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15 1 gency operation under this subsection in a manner con2 sistent with the authorities and requirements of this Act 3 generally and the authorities and requirements applicable 4 to the Inspectors General specified in subsection (b) under 5 this Act. 6 7 ‘‘(e) SUNSET
ATIONS.—The FOR

PARTICULAR CONTINGENCY OPER-

requirements and authorities of this section

8 with respect to a contingency operation shall cease at the 9 end of the first fiscal year after the commencement or des10 ignation of the contingency operation in which the total 11 amount appropriated for the contingency operation is less 12 than $20,000,000. 13 ‘‘(f) CONSTRUCTION
OF

AUTHORITY.—Nothing in

14 this Act shall be construed to limit the ability of the In15 spectors General specified in subsection (b) to enter into 16 agreements to conduct joint audits, inspections, or inves17 tigations in the exercise of their oversight responsibilities 18 in accordance with this Act with respect to overseas con19 tingency operations. 20 21 ‘‘(g) OVERSEAS CONTINGENCY OPERATION DEFINED.—In

this section, the term ‘overseas contingency

22 operation’ means a military operation outside the United 23 States and its territories and possessions that is—

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16 1 2 3 4 5 6 7 8 9 10 11 ‘‘(1) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or ‘‘(2) a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.’’. (b) CONFORMING AMENDMENT RELATING
PORARY TO

TEM-

EMPLOYMENT AUTHORITY.—Section 3161 of

12 title 5, United States Code, is amended by adding at the 13 end the following new subsection: 14 ‘‘(j) LEAD INSPECTORS GENERAL
AS FOR

OVERSEAS

15 CONTINGENCY OPERATIONS 16
TION.—In

TEMPORARY ORGANIZA-

addition to the meaning given that term in sub-

17 section (a), the term ‘temporary organization’ for purposes 18 of this subchapter shall also include the lead Inspector 19 General for an overseas contingency operation under sec20 tion 8L of the Inspector General Act of 1978 and the In21 spectors General and inspector general office personnel as22 sisting the lead Inspector General in the discharge of re23 sponsibilities under subsection (d) of that section with re24 spect to the contingency operation.’’.

7 of title 41, United States Code, is amended— 8 9 10 11 12 13 14 15 16 17 (1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (E) the following new subparagraph (F): ‘‘(F) advising the executive agency on the applicability of relevant policy on the contracts of the agency for overseas contingency operations and ensuring the compliance of the contracts and contracting activities of the agency with such policy;’’. (b) DEFINITION.—Such section is further amended

18 by adding at the following new subsection: 19 20 ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DEFINED.—In

this section, the term ‘overseas contingency

21 operations’ means military operations outside the United 22 States and its territories and possessions that are— 23 24 25 ‘‘(1) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10; or

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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ‘‘(2) a contingency operation, as that term is defined in subparagraph (B) of such section, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.’’.

Subtitle B—Multi-Agency Matters
SEC. 111. INCLUSION OF CONTRACTS FOR SUPPORT OF OVERSEAS CONTINGENCY OPERATIONS IN MANAGEMENT STRUCTURE OF DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, AND UNITED NATIONAL STATES AGENCY FOR FOR INTER-

DEVELOPMENT

PROCURE-

MENT OF CONTRACT SERVICES.

(a) DEPARTMENT

OF

DEFENSE.—Section 2330(c) of

15 title 10, United States Code, is amended— 16 17 18 19 20 21 22 23 (1) in paragraph (2), by striking ‘‘other than services’’ and all that follows and inserting ‘‘including services in support of overseas contingency operations. The term does not include services relating to research and development or military construction.’’; and (2) by adding at the end the following new paragraph:

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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(3) The term ‘overseas contingency operations’ means military operations outside the United States and its Commonwealths and possessions that are— ‘‘(A) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of this title; or ‘‘(B) a contingency operation, as that term is defined in subparagraph (B) of such section, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force.’’. (b) DEPARTMENT OF STATE.— (1) IN
GENERAL.—The

Secretary of State shall

establish and implement a management structure for the procurement of contract services for the Department of State. (2) ELEMENTS.—The management structure required by this subsection shall include such elements of the management structure for the procurement of contract services for the Department of Defense under section 2330 of title 10, United States Code (as amended by subsection (a)), as the Secretary of State considers appropriate for the procurement of contract services.

ture for the procurement of contract services for the Department of State under this subsection that is derived from a responsibility discharged by the Under Secretary of Defense for Acquisition, Technology, and Logistics under section 2330 of title 10, United States Code (as so amended), shall be discharged in the management structure under this subsection by the Director of Acquisition and Logistics of the Department of State under section 63 of the State Department Basic Authorities Act of 1956 (as added by section 131(a) of this Act). (c) USAID.— (1) IN
GENERAL.—The

Administrator of the

United States Agency for International Development shall establish and implement a management structure for the procurement of contract services for the United States Agency for International Development. (2) ELEMENTS.—The management structure required by this subsection shall include such elements of the management structure for the procurement of contract services for the Department of Defense under section 2330 of title 10, United States

ture for the procurement of contract services for the United States Agency for International Development under this subsection that is derived from a responsibility discharged by the Under Secretary of Defense for Acquisition, Technology, and Logistics under section 2330 of title 10, United States Code (as so amended), shall be discharged in the management structure under this subsection by the Director of Acquisition and Assistance of the United States Agency for International Development under section 131(b) of this Act. (d) CONTRACT SERVICES DEFINED.—In this section

18 the term ‘‘contract services’’ includes all services acquired 19 from private sector entities by or for an agency, including 20 services in support of activities of the agency in connection 21 with overseas contingency operations. 22 23 24 25 (e) REPORTS TO CONGRESS.— (1) REPORTS
REQUIRED.—Not

later than one

year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and

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22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Administrator of the United States Agency for International Development shall each submit to the appropriate committees of Congress a report on the implementation by the department or agency concerned of this section and the amendments made by this section, as applicable. (2) ELEMENTS
AND USAID.—The FOR DEPARTMENT OF STATE

report of the Secretary of State

and the Administrator of the United States Agency for International Development under this subsection shall each set forth the following: (A) A comprehensive description of the management structure established and implemented by the department or agency, as the case may be, under this section. (B) An identification of any elements of the management structure of the Department of Defense under section 2330 of title 10, United States Code (as amended by subsection (a)), that are not included in the management structure of the department or agency, as the case may be, and a justification for the omission of such elements. (C) An identification of any elements of the management structure of the department or

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23 1 2 3 4 5 6 7 8 9 10 agency, as the case may be, that are not included in the management structure of the Department of Defense, and a justification for the inclusion of such elements.
SEC. 112. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND DEBARMENT OFFICIALS OF THE DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, AND UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.

(a) IN GENERAL.—Each administering official shall

11 take appropriate actions to ensure that the requirements 12 and limitations set forth in subsection (b) apply to each 13 suspension and debarment official under the jurisdiction 14 of such administering official and are complied with. 15 (b) COVERED REQUIREMENTS
AND

LIMITATIONS.—

16 The requirements and limitations set forth in this sub17 section with respect to a suspension and debarment official 18 are as follows: 19 20 21 22 23 24 (1) There shall be not less than one suspension and debarment official for each department or agency concerned. (2) A suspension and debarment official may not be located or co-located within the acquisition office of the department or agency concerned.

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24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) The sole duties of a suspension and debarment official shall be as follows: (A) The direction, management, and oversight of suspension and debarment activities. (B) Membership on the Interagency Committee on Debarment and Suspension, including submittal of periodic reports on the suspension and debarment activities of such official to the Committee for purposes fulfilling the requirements of the Committee for reports to Congress on suspension and debarment activities of the Federal Government required by section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4557; 31 U.S.C. 6101 note). (4) Each official shall have a staff and resources adequate for the discharge of the suspension and debarment activities of such official. (5) The sole duties of the staff of each official under paragraph (4) shall be suspension and debarment activities. (6) Each official shall adopt and comply with guidance on policies and procedures for suspension and debarment activities. The guidance adopted

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25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 under this paragraph shall be subject to the approval of the administering official concerned. The guidance shall, to the extent practicable, be uniform across the department or agency concerned. (7) Each official shall adopt and implement policies on training and uniform practices for referrals of suspension and debarment matters. The policies adopted under this paragraph shall be subject to the approval of the administering official concerned. (8) The reports of each official to the Interagency Committee on Debarment and Suspension on the suspension and debarment activities of such official shall include, in addition to any information required by section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, a description of the basis for any final decision declining to pursue suspension or debarment and information on any administrative agreements in lieu of suspension or debarment entered into by such office during the period covered by such reports. (c) CONSTRUCTION
OF

LOCATION LIMITATION.—

23 Nothing in subsection (b)(2) shall be construed as author24 izing a reduction in the number of suspension and debar25 ment officials at the Department of Defense, the military

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26 1 departments, the Department of State, or the United 2 States Agency for International Development from the 3 number at the applicable agency as of the date of the en4 actment of this Act. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) DEFINITIONS.—In this section: (1) The term ‘‘administering official’’ means the following: (A) The Secretary of Defense, with respect to the Department of Defense. (B) The Secretary of the Army, with respect to the Department of the Army. (C) The Secretary of the Navy, with respect to the Department of the Navy. (D) The Secretary of the Air Force, with respect to the Department of the Air Force. (E) The Secretary of State, with respect to the Department of State. (F) The Administrator of the United States Agency for International Development, with respect to the United States Agency for International Development. (2) The term ‘‘Interagency Committee on Debarment and Suspension’’ means the committee constituted under sections 4 and 5 of Executive Order No. 12549.

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27 1 2 (e) DUTIES
BARMENT AND OF

INTERAGENCY COMMITTEE

ON

DE -

SUSPENSION.—Section 873 of the Duncan

3 Hunter National Defense Authorization Act for Fiscal 4 Year 2009 is amended— 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘, including with respect to contracts in connection with overseas contingency operations’’ before the semicolon; and (B) in paragraph (7)— (i) in subparagraph (B), by striking ‘‘; and’’ and inserting a semicolon; (ii) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following new subparagraph: ‘‘(D) all information on suspensions,

debarments, and administrative agreements included in the report that do not appear in the Federal Awardee Performance and Integrity Information System required by section 2313 of title 41, United States Code.’’; and (2) by striking subsection (b) and inserting the following new subsections:

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28 1 ‘‘(b) DATE
OF

SUBMITTAL

OF

ANNUAL REPORTS.—

2 The annual report required by subsection (a)(7) shall be 3 submitted not later than 180 days after the date of the 4 enactment of the Comprehensive Contingency Contracting 5 Reform Act of 2012, and annually thereafter. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘overseas contingency operations’ means military operations outside the United States and its territories and possessions that are— ‘‘(A) a contingency operation, as that term is defined in subparagraph (A) of section 101(a)(13) of title 10, United States Code; or ‘‘(B) a contingency operation, as that term is defined in subparagraph (B) of section 101(a)(13) of title 10, United States Code, but only if such operation involves actual or potential hostilities against an enemy of the United States or against an opposing military force. ‘‘(2) The term ‘Interagency Committee on Debarment and Suspension’ means the committee constituted under sections 4 and 5 of Executive Order No. 12549.’’.

5 ment of this Act, the Federal Acquisition Regulatory 6 Council shall amend the Federal Acquisition Regulation 7 to provide for the automatic suspension of a contractor 8 from contracting with the Federal Government in the 9 event of the following: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) A charge by indictment or information of the contractor on a Federal offense relating to the performance of a contract with the Department of Defense, the Department of State, or the United States Agency for International Development in connection with an overseas contingency operation. (2) A final determination by the head of a contracting agency of the Department of Defense, the Department of State, or the United States Agency for International Development that the contractor has failed to pay or refund amounts due or owed to the Federal Government in connection with an overseas contingency operation. (3) A charge by the Federal Government in a civil or criminal proceeding alleging fraudulent actions on the part of the contractor, whether by an employee, affiliate, or subsidiary of the contractor or

Subtitle C—Department of Defense Matters
SEC. 121. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR CONTRACT SUPPORT FOR OVERSEAS CONTINGENCY OPERATIONS.

(a) RESPONSIBILITY.— (1) IN
GENERAL.—Not

later than one year

after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations the chain of authority and responsibility within the Department of Defense for policy, planning, and execution of contract support for overseas contingency operations. (2) ELEMENTS.—The regulations under paragraph (1) shall, at a minimum,— (A) specify the officials, offices, and components of the Department within the chain of authority and responsibility described in paragraph (1); (B) identify for each official, office, and component specified under subparagraph (A)—

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31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) requirements for policy, planning, and execution of contract support for overseas contingency operations, including, at a minimum, with— (I) coordination of functions, authorities, and responsibilities related to operational contract support for overseas contingency operations; (II) assessments of total force data in support of Department force planning scenarios, including the appropriateness of and necessity for the use of contractors for identified functions; (III) determinations of capability requirements for non-acquisition community operational contract support, and identification of resources required for planning, training, and execution to meet such requirements; (IV) determinations of policy regarding the use of contractors by function, and identification of the training exercises that will be required requirements in connection

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32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for contract support (including an assessment whether or not such exercises will include contractors); and (V) establishment of an inventory, and identification of areas of high risk and trade offs, for use of contract support in overseas contingency operations and for areas in which members of the Armed Forces will be used in such operations instead of contract support; and (ii) roles, authorities, responsibilities, and lines of supervision for the achievement of the requirements identified under clause (i), including the position within the chain of authority and responsibility described in paragraph (1) with responsibility for reporting directly to the Secretary regarding policy, planning, and execution of contract support for overseas contingency operations; and (C) ensure that the chain of authority and responsibility described in paragraph (1) is appropriately aligned with, and appropriately integrated into, the structure of the Department

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33 1 2 3 4 5 for the conduct of overseas contingency operations, including the military departments, the Joint Staff, and the commanders of the unified combatant commands. (b) SECRETARY
OF

DEFENSE REPORT.—Not later

6 than one year after the date of the enactment of this Act, 7 the Secretary shall submit to the appropriate committees 8 of Congress a report on the regulations prescribed under 9 subsection (a). The report shall set forth the following: 10 11 12 13 14 15 16 17 18 19 20 21 (1) The regulations. (2) A comprehensive description of the requirements identified under clause (i) of subsection (a)(2)(B), and a comprehensive description of the manner in which the roles, authorities, responsibilities, and lines of supervision under clause (ii) of that subsection will further the achievement of such requirements. (3) A comprehensive description of the manner in which the regulations will meet the requirements in subsection (a)(2)(C). (c) COMPTROLLER GENERAL REPORT.—Not later

22 than 18 months after the date of the enactment of this 23 Act, the Comptroller General of the United States shall 24 submit to the appropriate committees of Congress a report 25 on the regulations prescribed under subsection (a). The

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34 1 report shall set forth an assessment by the Comptroller 2 General of the extent to which the regulations will further 3 the achievement by the Department of Defense of efficient 4 and effective policy, planning, and execution of contract 5 support for overseas contingency operations. 6 (d) ANNUAL REPORTS
ON

designation of a military operation as an overseas contingency operation that exceeds 30 days, and annually thereafter until the termination of the operation, the commander of the combatant command having principle responsibility for the operation shall, in consultation with the Secretary of Defense, submit to the appropriate committees of Congress a report on contract support for the operation. (2) ELEMENTS.—Each report under paragraph (1) regarding an operation shall set forth the following: (A) A description and assessment of the policy, planning, management, and oversight of the Department with respect to contract support for the operation. (B) With respect to contracts entered into in connection with the operation:

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35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) The total number of contracts entered into as of the date of such report. (ii) The total number of such contracts that are active as of such date. (iii) The total value of contracts entered into as of such date. (iv) The total value of such contracts that are active as of such date. (v) An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures. (vi) The total number of contractor personnel working under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date. (vii) The total number of contractor personnel performing security functions under contracts entered into as of the end of each calendar quarter during the oneyear period ending on such date. (viii) The total number of contractor personnel killed or wounded under any contracts entered into.

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36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) The sources of information and data used to prepare the portion of such report required by subparagraph (B). (D) A description of any known limitations of the information or data reported under subparagraph (B), including known limitations in methodology or data sources. (E) Any plans for strengthening collection, coordination, and sharing of information on contracts entered into in connection with the operation. (3) ESTIMATES.—In determining the total number of contractor personnel working under contracts for purposes of paragraph (2)(B)(vi), the commander of the combatant command concerned may use estimates for any category of contractor personnel for which the commander determines it is not feasible to provide an actual count. Each report under paragraph (1) shall fully disclose the extent to which such an estimate is used in lieu of an actual count. (4) PROHIBITION
ON PREPARATION BY CON-

5 117(c) of title 10, United States Code, is amended by add6 ing at the end the following new paragraph: 7 8 9 10 11 ‘‘(8) Measure, on a quarterly basis, the capability of operational contract support to support current and anticipated wartime missions of the armed forces.’’. (b) CONTINGENCY PLANNING
OF AND

PREPAREDNESS

12 FUNCTIONS

CJCS.—Section 153(a)(3) of such title is

13 amended by adding at the end the following new subpara14 graph: 15 16 17 18 19 20 21 22 23 24 ‘‘(E) In coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Secretaries of the military departments, the heads of the Defense Agencies, and the commanders of the combatant commands, determining the operational contract support requirements of the armed forces and recommending the resources required to improve and enhance operational contract support for the armed forces and planning for such operational contract support.’’.

5 United States Code, is amended by adding at the end the 6 following new paragraph: 7 8 ‘‘(6) Contingency operations.’’. (b) CURRICULUM
FOR

THREE-PHASE APPROACH.—

9 Section 2154 of such title is amended by adding at the 10 end the following new subsection: 11 12 ‘‘(c) CURRICULUM RELATING
ERATIONS.—(1) TO

CONTINGENCY OP-

The curriculum for each phase of joint

13 professional military education implemented under this 14 section shall include content appropriate for such phase 15 on the following: 16 17 18 19 20 21 ‘‘(A) Requirements definition. ‘‘(B) Contingency program management. ‘‘(C) Contingency contracting. ‘‘(D) The strategic impact of contracting costs on military missions. ‘‘(2) In this subsection, the terms ‘requirements defi-

22 nition’, ‘contingency program management’, and ‘contin23 gency contracting’ have the meaning given those terms in 24 section 2333(f) of this title.’’.

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39 1 2 3 4 5 6 7

Subtitle D—Department of State and Related Agencies Matters
SEC. 131. REORGANIZATION OF ACQUISITION FUNCTIONS OF DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.

(a) OFFICE

OF

ACQUISITION

AND

LOGISTICS WITHIN

8 DEPARTMENT OF STATE.— 9 10 11 12 13 14 (1) ESTABLISHMENT.—Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section:
‘‘SEC. 63. OFFICE OF ACQUISITION AND LOGISTICS.

‘‘(a) ESTABLISHMENT.—There is established within

15 the Department of State the Office of Acquisition and Lo16 gistics. 17 18 19 20 21 22 23 24 25 ‘‘(b) DIRECTOR ‘‘(1) IN
OF

ACQUISITION

AND

LOGISTICS.—

GENERAL.—The

head of the Office of

Acquisition and Logistics shall be the Director of Acquisition and Logistics, who shall be appointed or designated by the Secretary in the manner provided in section 1702(a) of title 41, United States Code. ‘‘(2) SUPERVISION.—The Director of the Office of Acquisition and Logistics shall report directly to the Secretary regarding the functions and activities

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40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 of the Office of Acquisition and Logistics. The Director shall also be subject to the supervision of the Deputy Secretary of State for Management and Resources regarding such functions and activities. The Office shall be under the jurisdiction of the Under Secretary of State for Management for administrative purposes and to facilitate collaboration with other offices and bureaus of the Department of State. ‘‘(3) CHIEF
ACQUISITION OFFICER.—The

Direc-

tor of the Office of Acquisition and Logistics shall be the Chief Acquisition Officer of the Department of State for purposes of section 1702 of title 41, United States Code. ‘‘(c) FUNCTIONS
OF

OFFICE.—The functions of the

16 Office of Acquisition and Logistics shall include principal 17 responsibility within the Department of State for the ac18 quisition, procurement, and logistics management activi19 ties of the Department, including, but not limited to, the 20 following: 21 22 23 24 25 ‘‘(1) The development and implementation of Department policies regarding acquisition, procurement, and logistics management. ‘‘(2) The provision of advice to offices, bureaus, and other elements of the Department on the acqui-

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41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 sition, procurement, and logistics management policies of the Department. ‘‘(3) The direction, management, and oversight of acquisition and procurement by the offices, bureaus, and other elements of the Department, including the regional procurement offices of the Department. ‘‘(4) The direction, management, and oversight of the performance of contracting activities for Department operations. ‘‘(5) Such other matters relating to the acquisition, procurement, and logistics management activities of the Department as the Secretary considers appropriate. ‘‘(d) RESOURCES.—The Office of Acquisition and Lo-

(A) The functions, personnel, and resources of the Office of the Procurement Executive of the Bureau of Administration of the Department of State as of the date of the enactment of this Act. (B) The functions, personnel, and resources of the Office of the Logistics Management of the Bureau of Administration of the Department of State as of the date of the enactment of this Act. (3) ADMINISTRATION.—The Under Secretary of State for Management shall administer the functions, personnel, and resources transferred under paragraph (2) as part of the Office of Acquisition and Logistics of the Department of State (as so established). (b) OFFICE OF ACQUISITION AND ASSISTANCE WITHUSAID.— (1) ESTABLISHMENT.—There is established within the United States Agency for International Development the Office of Acquisition and Assistance. (2) DIRECTOR.— (A) IN
GENERAL.—The

head of the Office

of Acquisition and Assistance shall be the Di-

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43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rector of Acquisition and Assistance, who shall be appointed or designated by the Administrator of the United States Agency for International Development in the manner provided for appointments or designations of chief acquisition officers under section 1702(a) of title 41, United States Code. (B) SUPERVISION.—The Director of Acquisition and Assistance shall report directly to the Administrator of the United States Agency for International Development regarding the functions and activities of the Office of Acquisition and Assistance. (C) CHIEF
ACQUISITION OFFICER.—The

Director of Acquisition and Assistance shall be the Chief Acquisition Officer of the United States Agency for International Development, and shall discharge for the Agency the functions specified of a chief acquisition officer in section 1702(b) of title 41, United States Code. (3) FUNCTION
OF OFFICE.—The

Office of Ac-

quisition and Assistance shall be the element of the United States Agency for International Development principally responsible for the direction, management, and oversight of the acquisition and procure-

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44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ment activities of the Agency for International Development. (4) RESOURCES.—The Office of Acquisition and Assistance shall have the personnel and resources as follows: (A) The personnel and resources of the Office of Acquisition and Assistance of the Bureau for Management of the United States Agency for International Development as of the date of the enactment of this Act, which personnel and resources the Administrator shall transfer to the Office of Acquisition and Assistance established by this subsection. (B) Such other personnel and resources as the Administrator considers appropriate for the discharge of the functions of the Office of Acquisition and Assistance. (c) ANNUAL REPORTS
ON

designation of a military operation as an overseas contingency operation that exceeds 30 days, and annually thereafter until the termination of the operation, the Secretary of State and the Administrator of the United States Agency for International Devel-

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45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opment shall each submit to the appropriate committees of Congress a report on contract support, if any, of such agency for the operation. (2) DISCHARGE.—The Secretary of State shall submit the reports required by paragraph (1) through the Director of Acquisition and Logistics of the Department of State under section 63 of the State Department Basic Authorities Act of 1956 (as added by subsection (a)). The Administrator of the United States Agency for International Development shall submit the reports required by paragraph (1) through the Director of Acquisition and Assistance of the United States Agency for International Development under subsection (b). (3) ELEMENTS.—Each report of an agency under paragraph (1) regarding an operation shall set forth the following: (A) A description and assessment of the policy, planning, management, and oversight of the agency with respect to contract support for the operation. (B) With respect to contracts entered into in connection with the operation: (i) The total number of contracts entered into as of the date of such report.

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46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (ii) The total number of such contracts that are active as of such date. (iii) The total value of contracts entered into as of such date. (iv) The total value of such contracts that are active as of such date. (v) An identification of the extent to which the contracts entered into as of such date were entered into using competitive procedures. (vi) The total number of contractor personnel working under contracts entered into as of the end of each calendar quarter during the one-year period ending on such date. (vii) The total number of contractor personnel performing security functions under contracts entered into as of the end of each calendar quarter during the oneyear period ending on such date. (viii) The total number of contractor personnel killed or wounded under any contracts entered into.

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47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (C) The sources of information and data used to prepare the portion of such report required by subparagraph (B). (D) A description of any known limitations of the information or data reported under subparagraph (B), including known limitations in methodology or data sources. (E) Any plans for strengthening collection, coordination, and sharing of information on contracts entered into in connection with the operation. (4) ESTIMATES.—In determining the total number of contractor personnel working under contracts for purposes of paragraph (3)(B)(vi), the Secretary or the Administrator may use estimates for any category of contractor personnel for which the commander determines it is not feasible to provide an actual count. Each report under paragraph (2) shall fully disclose the extent to which such an estimate is used in lieu of an actual count. (5) PROHIBITION
ON PREPARATION BY CON-

5 Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as 6 amended by section 131(a) of this Act, is further amended 7 by adding at the end the following new section: 8 9 10
‘‘SEC. 64. QUADRENNIAL DIPLOMACY AND DEVELOPMENT REVIEW.

‘‘(a) REVIEW REQUIRED.—The Secretary shall, every

11 four years during a year following a year evenly divisible 12 by four, conduct a comprehensive examination (to be 13 known as the ‘quadrennial diplomacy and development re14 view’) of the diplomatic and overseas development strategy 15 of the United States with a view toward determining and 16 expressing the diplomatic and overseas development strat17 egy of the United States for the next 20 years. 18 ‘‘(b) ELEMENTS.—Each quadrennial diplomacy and

19 development review shall include the following: 20 21 22 23 24 25 26 ‘‘(1) The matters included in the quadrennial diplomacy and development review conducted by the Department of State in 2010, as modified from time to time by the Secretary. ‘‘(2) With respect to contract support of the diplomatic and overseas development strategy of the United States, the following:

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49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ‘‘(A) The assumptions used in the review on the roles and responsibilities that would be discharged by contractors. ‘‘(B) The contract support required to support the programs and activities of the Department. ‘‘(C) The appropriate ratio of Department personnel to contractor personnel in the discharge of the programs and activities of the Department. ‘‘(3) Such other matters as the Secretary considers appropriate. ‘‘(c) PROHIBITION
TRACTOR ON

of the planning of the Department of State for the discharge of the programs and activities of the Department, the Secretary of State shall establish a reporting system on the readiness of the contractors of the Department to support the Department in the discharge of its programs and activities.

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50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (2) ELEMENTS.—The reporting system required by this subsection shall do the following: (A) Measure, on a quarterly basis, the capability of contract support of the Department to support current and anticipated programs and activities of the Department. (B) Measure, on such frequency as the Secretary shall specify, such other matters with respect to contract support of the Department as the Secretary considers appropriate for the reporting system.
SEC. 133. PROFESSIONAL EDUCATION FOR DEPARTMENT OF STATE PERSONNEL ON ACQUISITION FOR DEPARTMENT OF STATE SUPPORT AND PARTICIPATION IN DEPARTMENT OF DEFENSE OVERSEAS CONTINGENCY OPERATIONS.

(a) PROFESSIONAL EDUCATION REQUIRED.—The

18 Secretary of State shall develop and administer for De19 partment of State personnel specified in subsection (b) a 20 course of professional education on acquisition by the De21 partment of State for Department of State support for, 22 and participation in, overseas contingency operations of 23 the Department of Defense.

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51 1 2 (b) COVERED DEPARTMENT
OF

STATE

PER-

SONNEL.—The

Department of State personnel specified in

3 this subsection are as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The Director of Acquisition and Logistics of the Department of State under section 63 of the State Department Basic Authorities Act of 1956 (as added by section 131(a) of this Act). (2) Personnel of the Department designated by the Director of Acquisition and Logistics, including contracting officers and other contracting personnel. (3) Such other personnel of the Department as the Secretary of State shall designate for purposes of this section. (c) ELEMENTS.— (1) CURRICULUM
CONTENT.—The

course of

professional education under this section shall include appropriate content on the following: (A) Contingency contracting. (B) Contingency program management. (C) The strategic impact of contracting costs on the mission and activities of the Department of State. (D) Such other matters relating to acquisition by the Department of State for Department of State support for, or participation in,

sional education may be broken into two or more phases of professional education with curriculum or modules of education suitable for the Department of State personnel specified in subsection (b) at different phases of professional advancement within the Department. (d) DEFINITIONS.—In this section: (1) The term ‘‘contingency contracting’’ means all stages of the process of acquiring property or services by the Department of State for Department of State support for, and participation in, overseas contingency operations of the Department of Defense. (2) The term ‘‘contingency program management’’ means the process of planning, organizing, staffing, controlling, and leading specific acquisition programs and activities of the Department of State for Department of State support for, and participation in, overseas contingency operations of the Department of Defense.

the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, commencing 180 days after the date of the commencement or designation of a military operation as an overseas contingency operation, the contract period of contracts entered into by a covered agency in connection with such contingency operation shall be limited to the contract periods specified in paragraph (2), except as provided in paragraph (3). (2) CONTRACT
PERIODS.—The

contract periods

specified in this paragraph are as follows:

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54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) Three years in the case of competitively bid contracts. (B) One year in the case of non-competitively bid contracts and competitively bid contracts for which only one offer was received by the covered agency. (3) WAIVER.—The amendment of the Federal Acquisition Regulation required by this subsection shall provide that the head of a covered agency may waive the applicability of the limitations in paragraph (2) to a contract if— (A) the contracting officer certifies in writing as part of a justification and approval (J&A) that the agency has concluded, on the basis of market research conducted for purposes of the justification and approval, that— (i) the period of performance for the contract in excess of the limitations in paragraph (2) will be in the best interest of the United States; and (ii) the offeror has submitted information in a bid or proposal sufficient to show that representations by the offeror about the offeror’s ability to timely, sufficiently,

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55 1 2 3 4 5 6 7 8 9 10 11 and cost-effectively perform the contract, if awarded, are reasonable; (B) the contracting officer conducts the cost analysis required by section 15.404-1 of the Federal Acquisition Regulation; and (C) the head of the agency determines in writing based on the information obtained pursuant to subparagraphs (A) and (B) that the waiver is in the best interests of the United States. (b) LIMITATION
ON

the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, commencing 180 days after the date of the commencement or designation of a military operation as an overseas contingency operation, any contract for services entered into by a covered agency in connection with such contingency operation may only have a single tier of subcontractors, except as provided in paragraph (2). (2) WAIVER.—The amendment of the Federal Acquisition Regulation required by this subsection

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56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall provide that the head of a covered agency may waive the applicability of the limitation in paragraph (1) to a contract if— (A) the contracting officer includes in the contract a provision for liquidated damages (in an amount specified by the contracting officer in the contract) in favor of the United States in the event a subcontractor under the contract at any tier is determined by the contracting officer to have acted in the performance of the contract in a manner that is illegal or unethical or harms the strategic political or military goals of the United States; (B) the contracting officer certifies in writing a justification and approval that the agency has concluded, on the basis of market research conducted for purposes of the justification and approval, that, if the contract is performed in component parts, no combination of contractors within the market exist that could perform the contract either by prime contractor alone or through the use of subcontractors only at a single tier; and (C) the head of the agency determines in writing based on the information obtained pur-

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57 1 2 3 4 suant to subparagraphs (A) and (B) that the waiver is in the best interests of the United States. (c) COVERED AGENCY DEFINED.—In this section,

after the commencement or designation of a military operation as an overseas contingency operation, and annually thereafter until the termination of the operation, the Secretary of Defense and the Secretary of State shall each conduct a review of the performance of covered security functions for the Department of Defense and the Department of State, as the case may be, in the overseas areas of the operation. Each review shall incorporate the results of the most re-

conducted under this subsection shall be submitted to the appropriate committees of Congress not later than 30 days after the completion of such review. (b) RISK ANALYSES
TIONS BY OF

PERFORMANCE

OF

FUNC-

CONTRACTOR PERSONNEL.— (1) IN
GENERAL.—Not

later than six months

after the commencement or designation of a military operation as an overseas contingency operation, and annually thereafter until the termination of the operation, the commander of the combatant command having principle responsibility for the conduct of the operation shall determine, in consultation with the Secretary of Defense or the Secretary of State (as applicable), whether the performance by contractor personnel of any covered security functions for the Department of Defense or the Department of State in overseas areas of the operation after the date of such determination is appropriate and necessary. (2) DETERMINATION
YSIS.—Each THROUGH RISK ANAL-

determination under this subsection

shall be made using a risk analysis meeting the re-

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59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
ON

quirements of Department of Defense Instruction 1100.22, or a successor instruction. (3) INFORMATION
ON IDENTIFIED FUNC-

TIONS.—If

the performance of any covered security

function by contractor personnel is determined under this subsection to be appropriate and necessary, the review incorporating the risk analysis submitted under subsection (a)(2) shall set forth the security functions or functions concerned and the reasons for the determination. (4) PROHIBITION
ON PERFORMANCE OF RISK

ANALYSES BY CONTRACTOR PERSONNEL.—A

risk

analysis under this subsection may not be performed by contractor personnel. (c) INCORPORATION INTO POLICIES
AND

PLANNING

OCOS.—The results of the reviews required by sub-

17 section (a) shall be incorporated into the policies and plan18 ning of the Department of Defense and the Department 19 of State for the conduct of overseas contingency oper20 ations. 21 22 23 24 25 (d) TEMPORARY EMPLOYMENT AUTHORITY.— (1) IN
GENERAL.—If

the performance by con-

tractor personnel of any covered security functions for the Department of Defense or the Department of State in overseas areas of an overseas contingency

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60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 operation is terminated, either as a whole or in part, as a result of a determination under subsection (b), the Secretary of Defense or the Secretary of State (as applicable) may, using the authority in section 3161 of title 5, United States Code (as amended by subsection (e)), appoint to positions of employment in the Department of Defense or the Department of State, as the case may be, such personnel described in paragraph (2) as are necessary for the performance of such functions for the Department of Defense or the Department of State, as the case may be, in the overseas areas of the operation. (2) COVERED
PERSONNEL.—The

personnel de-

scribed in this paragraph are the following: (A) In the case of the Department of State, diplomatic security personnel. (B) Law enforcement personnel of the United States Government. (e) CONFORMING AMENDMENT.—Section 3161 of

20 title 5, United States Code (as amended by section 103(b) 21 of this Act), is further amended by adding at the end the 22 following new subsection: 23 24 ‘‘(k) SECURITY FUNCTIONS
GENCY FOR

OVERSEAS CONTIN-

OPERATIONS.—(1) In addition to the meaning

25 given that term in subsection (a), the term ‘temporary or-

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61 1 ganization’ for purposes of this subchapter means the De2 partment of Defense and the Department of State for pur3 poses of the performance of security functions in overseas 4 areas of an overseas contingency operation pursuant to 5 section 202(d) of the Comprehensive Contingency Con6 tracting Reform Act of 2012. 7 ‘‘(2) A department specified in paragraph (1) may

8 be treated as a temporary organization under that para9 graph for purposes of an overseas contingency operation 10 only during the duration of the operation.’’. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (f) DEFINITIONS.—In this section: (1) The term ‘‘contractor personnel’’ means any person performing work under contract for the Department of Defense or the Department of State, including individuals and subcontractors at any tier, in an overseas area of an overseas contingency operation. (2) The term ‘‘covered security functions’’ means the following: (A) Mobile security functions. (B) Personal security functions. (C) Static security functions. (3) The term ‘‘mobile security functions’’ includes the protection of convoys.

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62 1 2 3 4 5 6 7 8 9 10 11 12 13 (4) The term ‘‘personal security functions’’ includes the provision of security escorts and personal security details. (5) The term ‘‘static security functions’’ includes the protection of fixed or static sites such as housing areas, reconstruction work sites, and government buildings and facilities.
SEC. 203. JUSTIFICATION AND APPROVAL FOR SOLESOURCE CONTRACTS OF UNUSUAL AND COMPELLING URGENCY EXCEPTION TO CON-

TRACT AWARD THROUGH COMPETITIVE PROCEDURES.

(a) DEPARTMENT

OF

DEFENSE

AND

RELATED

14 AGENCIES.—Section 2304(c)(2) of title 10, United States 15 Code, is amended by inserting before the semicolon at the 16 end the following: ‘‘, except that in any case in which the 17 agency solicits a bid or proposal from only one source, the 18 head of an agency may only use the authority in this para19 graph if the contracting officer certifies in writing a jus20 tification and approval (J&A) of the reasons necessary for 21 using this authority to solicit a bid or proposal from only 22 one source, and such certifications are compiled and sub23 mitted annually in a report to the Committee on Armed 24 Services, the Committee on Foreign Relations, the Com25 mittee on Homeland Security and Governmental Affairs,

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63 1 and the Committee on Appropriations of the Senate and 2 the Committee on Armed Services, the Committee on For3 eign Affairs, the Committee on Oversight and Government 4 Reform, and the Committee on Appropriations of the 5 House of Representatives’’. 6 (b) OTHER EXECUTIVE AGENCIES.—Section

7 3304(a)(2) of title 41, United States Code, is amended 8 by inserting before the semicolon at the end the following: 9 ‘‘, except that in any case in which the agency solicits a 10 bid or proposal from only one source, the head of an agen11 cy may only use the authority in this paragraph if the 12 contracting officer certifies in writing, a justification and 13 approval (J&A) of the reasons necessary for using this au14 thority to solicit a bid or proposal from only one source, 15 and such certifications are compiled and submitted annu16 ally in a report to the Committee on Armed Services, the 17 Committee on Foreign Relations, the Committee on 18 Homeland Security and Governmental Affairs, and the 19 Committee on Appropriations of the Senate and the Com20 mittee on Armed Services, the Committee on Foreign Af21 fairs, the Committee on Oversight and Government Re22 form, and the Committee on Appropriations of the House 23 of Representatives’’.

7 ices shall establish and maintain a single contract writing 8 system to apply uniformly to all executive agencies, other 9 than the Department of Defense and the military depart10 ments. 11 (b) DEPARTMENT
OF

DEFENSE.—The Secretary of

12 Defense shall establish and maintain a single contract 13 writing system to apply uniformly to the Department of 14 Defense and all agencies and components of the Depart15 ment, including the military departments. 16 17 18 19 20 21 22 23 24 25 (c) USE.— (1) USE
REQUIRED.—Subject

to paragraph (2),

upon the establishment of the contract writing system applicable to the executive agency concerned under subsection (a), the executive agency shall use such contract writing system for all contracts entered into by the executive agency. (2) EXCEPTION.—An executive agency may use a contract writing system other than the contract writing system otherwise applicable to the executive

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65 1 2 3 4 5 6 7 agency under subsection (a) if the Director of the Office of Management and Budget determines, using a business case analysis conducted for that purpose, that the use of such alternative contract writing system by the executive agency will result in cost savings to the Federal Government. (d) EXECUTIVE AGENCY DEFINED.—In this section,

8 the term ‘‘executive agency’’ has the meaning given that 9 term in section 133 of title 41, United States Code. 10 11 12 13 14 15
SEC. 212. DATABASE ON PRICES OF ITEMS AND SERVICES UNDER FEDERAL CONTRACTS.

(a) DATABASE REQUIRED.— (1) IN
GENERAL.—Chapter

33 of title 41,

United States Code, is amended by adding at the end the following new section:

19 shall establish and maintain a database of information on 20 the prices charged the Federal Government for items and 21 services under contracts with the Federal Government. 22 The information in the database shall be designed to assist 23 Federal acquisition officials in the following:

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66 1 2 3 4 5 6 7 8 9 ‘‘(1) Monitoring developments in the prices of items and services charged the Federal Government under contracts with the Federal Government. ‘‘(2) Conducting pricing or cost analyses for items and services under offers for contracts with the Federal Government, or otherwise conducting determinations of the reasonableness of prices for items and services under such offers. ‘‘(b) USE.—The database under subsection (a) shall

10 be available to executive agencies in the evaluation of of11 fers for contracts with the Federal Government for items 12 and services.’’. 13 14 15 16 (2) CLERICAL
AMENDMENT.—The

table of sec-

tions at the beginning of chapter 33 of such title is amended by adding at the end the following new item:
‘‘3312. Database on prices of items and services under Federal contracts.’’.

17 18

(b) USE
FENSE

OF

ELEMENTS

OF

DEPARTMENT

OF

DE -

PILOT PROJECT.—In establishing the database re-

19 quired by section 3312 of title 41, United States Code (as 20 added by subsection (a)), the Administrator of Federal 21 Procurement Policy shall use and incorporate appropriate 22 elements of the pilot project on pricing of the Department 23 of Defense being carried out by the Director of Defense 24 Pricing.

7 quisition Regulatory Council shall amend the Federal Ac8 quisition Regulation to require that any covered contract 9 provides that— 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) the contractor consents to personal jurisdiction over the contractor with respect to any covered civil action, including a covered civil action against one or more employees of the contractor for which the contractor may be liable under theories of vicarious liability; (2) the contractor consents to personal jurisdiction in the United States District Court for the District of Columbia for a covered civil action in which— (A) the events giving rise to the cause of action occurred outside the United States; and (B) personal jurisdiction cannot be established in another Federal court; (3) consent to personal jurisdiction under paragraph (2) shall not operate to deprive or terminate

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68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 personal jurisdiction of the contractor in any court that otherwise has personal jurisdiction under another provision of law or to limit any cause of action or remedy under any other provision of law; (4) if the covered contract was awarded to a contractor that does not maintain an office in the United States, the contractor shall designate an agent located in the United States for service of process in any covered civil action; (5) except as provided in paragraph (6), any covered civil action shall be analyzed in accordance with the laws of the United States; and (6) the substantive law of the State (including the District of Columbia) in which the covered civil action is brought shall be the law applicable to a covered civil action if— (A) the substantive law otherwise applicable to the covered civil action would be the law of the location where the events giving rise to the cause action occurred; and (B) the location is designated as a hazardous duty zone by the Secretary of Defense. (b) APPLICABILITY.—The amendment to the Federal

24 Acquisition Regulation made under subsection (a) shall 25 apply with respect to any covered contract that is entered

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69 1 into on or after the effective date of the amendment under 2 subsection (a). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) DEFINITIONS.—In this section: (1) The term ‘‘contractor’’, with respect to a covered contract, includes the contractor under the contract, any subcontractor under the contract, any subordinate contractor under the contract, any subsidiary, parent company, or successor entity of the contractor formed to act as a successor in interest of the contractor, and any employee thereof performing work under or in connection with the contract. (2) The term ‘‘covered civil action’’ means the following: (A) A civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces of the United States, a civilian employee of the United States, or an employee of a company performing work arising out of the performance of a covered contract for the United States who is a citizen or national of the United States. (B) A civil action alleging the wrongful death of a member of the Armed Forces of the United States, a civilian employee of the United

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70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 States, or an employee of a company performing work arising out of the performance of a covered contract for the United States who is a citizen or national of the United States brought by a family member of the deceased. (3) The term ‘‘covered contract’’— (A) means a contract— (i) for work to be performed outside the United States that is awarded or entered into by the United States (including any executive department, agency, or independent establishment thereof); and (ii) with a value of not less than $5,000,000; and (B) includes any subcontract or subordinate contract under a contract described in subparagraph (A). (4) The term ‘‘rape’’ means conduct that would violate section 920(a) of title 10, United States Code (article 120(a) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

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71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (5) The term ‘‘serious bodily injury’’ has the meaning given that term in section 1365 of title 18, United States Code. (6) The term ‘‘sexual assault’’ means conduct that would violate section 920(c), (h), or (m) of title 10, United States Code (article 120(c), (h), or (m) of the Uniform Code of Military Justice), if the conduct was committed by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (7) The term ‘‘United States’’, in a geographic sense— (A) means the several States and the District of Columbia; and (B) does not include any military installation or facility located outside the area described in subparagraph (A).
SEC. 222. COMBATING TRAFFICKING IN PERSONS.

(a) FRAUD IN FOREIGN LABOR CONTRACTING.—Sec-

20 tion 1351 of title 18, United States Code, is amended— 21 22 23 24 (1) by inserting ‘‘(a) WORK INSIDE
THE

UNITED STATES.—’’ before ‘‘Whoever knowingly’’; and (2) by adding at the end the following:

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72 1 ‘‘(b) WORK OUTSIDE
THE

UNITED STATES.—Who-

2 ever knowingly and with intent to defraud recruits, solic3 its, or hires a person outside the United States, or causes 4 another person to recruit, solicit, or hire a person outside 5 the United States, or attempts to do so, for purposes of 6 work performed on a United States Government contract 7 performed outside the United States or on a United States 8 Government military installation or mission or other prop9 erty or premises owned or controlled by the United States 10 Government by means of materially false or fraudulent 11 pretenses, representations, or promises regarding that em12 ployment shall be fined under this title, imprisoned for not 13 more than 5 years, or both.’’. 14 15 16 17 18 19 20 21 22 23 24 25 (b) TERMINATION PROVISIONS
TRACTS.— FOR

CERTAIN CON-

(1) IN

GENERAL.—Not

later than 90 days after

the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that any covered contract entered into by a covered agency shall— (A) include provisions authorizing termination of the contract if the prime contractor, any subcontractor at any tier under the prime contractor, or any labor recruiter or broker em-

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73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ployed by the prime or subcontractor at any tier engages in severe forms of trafficking in persons, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract, including— (i) destroying, concealing, removing, or confiscating an employee’s immigration documents without the employee’s consent; (ii) failing to repatriate an employee upon the end of employment, unless the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (iii) misrepresenting the location or occupation of employment to prospective employees; (iv) charging recruited employees exorbitant placement fees, including, but not limited to, fees that violate the laws of the country from which an employee is recruited, or fees equal to or greater than the employee’s monthly salary; and (v) any other activities that support or promote trafficking in persons, the pro-

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74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 curement of commercial sex acts, or the use of forced labor in the performance of the contract; and (B) require, prior to contract award and annually thereafter during the term of the contract, a certification by the contractor to the covered agency that— (i) neither the contractor nor any subcontractor, labor recruiter, broker, or employee under the contract is engaged in any activities covered by subparagraph (A); and (ii) the contractor has in place procedures— (I) to prevent activities described in subparagraph (A); and (II) to monitor, detect and terminate any subcontractor, labor recruiter, broker, or employee subsequently found to be engaged in any activities described in subparagraph (A) during the course of the contract. (2) DEFINITIONS.—In this subsection: (A) COVERED
AGENCY.—The

term ‘‘cov-

ered agency’’ means the following:

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75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (i) The Department of Defense. (ii) The Department of State. (iii) The United States Agency for International Development. (B) COVERED ered contract’’— (i) means a contract with a value of not less than $1,000,000 for work to be performed outside the United States that is awarded or entered into by a covered agency; and (ii) includes any subcontract or subordinate contract under a contract described in clause (i).
SEC. 223. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND INTEGRITY THROUGH THE FEDERAL AWARDEE PERFORMANCE AND INTEGRITY INFORMATION SYSTEM.

CONTRACT.—The

term ‘‘cov-

(a) INCLUSION

OF

CORPORATIONS AMONG COVERED

20 PERSONS.—Subsection (b) of section 872 of the Duncan 21 Hunter National Defense Authorization Act for Fiscal 22 Year 2009 (Public Law 110–417; 122 Stat. 4555) is 23 amended by inserting ‘‘(including a corporation)’’ after 24 ‘‘Any person’’ both places it appears.

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76 1 (b) INFORMATION
ON

CORPORATIONS.—Subsection

2 (d) of such section is amended by adding at the end the 3 following new paragraph: 4 5 6 7 8 9 10 11 12 13 14 15 16 ‘‘(3) INFORMATION
ON CORPORATIONS.—The

information on a corporation in the database shall, to the extent practicable, include information on any parent, subsidiary, or successor entities to the corporation in manner designed to give the acquisition officials using the database a comprehensive understanding of the performance and integrity of the corporation in carrying out Federal contracts and grants.’’.
SEC. 224. CONTRACTOR PERFORMANCE EVALUATIONS AND THE PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM.

Not later than 90 days after the date of the enact-

17 ment of this Act, the Federal Acquisition Regulatory 18 Council shall amend the Federal Acquisition Regulation 19 as follows: 20 21 22 23 24 25 (1) The requirements under section 42.1503(b) of the Federal Acquisition Regulation to submit agency evaluations of contractor performance to a contractor, to permit a contractor response to evaluations, and to retain such response in performance evaluations shall be terminated.

the date of the enactment of this Act, a capital project described in subsection (b) may not be commenced unless the Secretary of Defense, in consultation with the United States commander of military operations in the country in which the project will be carried out, certifies to the appropriate committees of Congress that the country has the capability (in both financial and human resources) to effectively maintain and utilize the project. (2) CONSIDERATIONS.—In making a certification under paragraph (1) with respect to a capital project, the Secretary shall take into account the

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78 1 2 3 4 5 status of the maintenance and utilization of capital projects, if any, in the country in which the project is to be carried out that were previously financed or assisted by the United States. (b) COVERED CAPITAL PROJECTS.—A capital project

6 described in this subsection is any capital project overseas 7 for an overseas contingency operation that is for the ben8 efit of the host country, is funded by the Department of 9 Defense using covered funds, and has an estimated value 10 in excess of $1,000,000, other than a project for military 11 construction (as that term is defined in section 114(b) of 12 title 10, United States Code) or a military family housing 13 project under section 2821 of such title. 14 (c) TERMINATION
OF

UNSUSTAINABLE PROJECTS

IN

15 PROGRESS.— 16 17 18 19 20 21 22 23 24 25 (1) IN
GENERAL.—Effective

180 days after the

date of the enactment of this Act, the Secretary of Defense shall terminate each capital project described in subsection (b) that is in progress, but not completed, as of the date of the enactment of this Act if the Secretary— (A) determines, in consultation with the United States commander of military operations in the country in which the project is being carried out, that the country does not have the ca-

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79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pability (in both financial and human resources) to effectively maintain and utilize the project; or (B) has not made any determination on the matters described in subparagraph (A) with respect to the project. (2) WAIVER.—The Secretary may waive the requirement for termination of a project under paragraph (1) if the Secretary submits to the appropriate committees of Congress a written certification that the project is vital to a military or security objective of the United States. (d) DEFINITIONS.—In this section: (1) The term ‘‘capital project’’ has the meaning given the term in section 308 of the Aid, Trade, and Competitiveness Act of 1992 (title III of Public Law 102–549; 22 U.S.C. 2421e; 106 Stat. 3660). (2) The term ‘‘covered funds’’ means the following: (A) Amounts in the Afghanistan Infrastructure Fund. (B) Amounts in the Afghanistan Security Forces Funds. (C) Amounts available for the Commanders’ Emergency Response Program.

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80 1 2 3 (D) Any other funds authorized to be appropriated for the Department of Defense that are made available for a capital project.